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(영문) 서울동부지방법원 2017.01.26 2015고단2464
상표법위반
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Defendants shall be punished by imprisonment for ten months.

However, with respect to Defendant A, the same shall apply for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A, under the trade name of Gangdong-gu Seoul, Gangdong-gu, 119 Dong 1103, a person operating Internet shopping mall and the same name, and Defendant B, a person engaged in the clothing distribution business in China, and the Defendants, upon receiving orders from consumers through Internet shopping malls, etc., Defendant B conspired to purchase the storage pumps, etc. attached with a forged trademark in China and sell them to consumers.

1. From February 18, 2014 to October 14, 2014, the Defendants sold 6,113 points in total, including the clothing, etc. on which a trademark of the same shape as the trademark of the trademark right holder, “ADAS” (No. 0234101 of the trademark registration number), which is the registered trademark of “ADDAS” (ADDA No. 0234101 of the trademark registration number), and infringed the trademark right of the trademark right holder by selling 3,971 points in the shape, which is identical to the trademark of the trademark right holder.

2. In collusion with Defendant B, from October 27, 2012 to January 27, 2014, the Defendant sold 2,739 of the clothes with the same shape as the trademark owner’s trademark “ADAS” (No. 0234101 of the trademark registration number), which is the registered trademark of “ADDAS” (ADAS) from October 27, 2012 to January 27, 2014, and infringed the trademark right of the trademark right holder by selling 4,202 of the clothing with the forged trademark of three string brands, such as the trademark list (2) in the attached list of crimes.

Summary of Evidence

1. Defendant A’s legal statement (the sixth public trial date);

1. Statement made by the defendant B in the first trial record;

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A protocol of seizure and a list of seizure;

1. The original register of the registration of ADIDS, NIK, and PUMA trademarks;

1. Readings from the Internet shopping mall D or Internet camera D screen closures;

1. Revenue from the name of family member A;

1. Details of sales of forged trademark A;

1. A list of crimes (the details of crimes punishable by the Eastern District Court) apply to the legislation.

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